A. E. Wood & Co. v. Standard Drug Store
Michigan Supreme Court
Appeal from Wayne; Withey, J., presiding. Bill by A. E. Wood & Company against the Standard Drug Store to reform a lease on the ground of mistake or fraud. From a decree dismissing the bill of complaint, complainant appeals.
1Opinion of the CourtKuhn, J.
(after stating the facts). It is the settled rule in this State that in order to reform a written contract on the ground of mistake, such mistake must be mutual and common to both parties to the contract. 260 (49 N. W. 567); Burns v. Caskey, 100 Mich. 94 (58 N. W. 642); Kinyon v. Cunningham, 146 Mich. 430 (109 N. W. 675). This record is barren of any testimony that would indicate that there was any mistake on the part of the defendant in omitting from the lease the provision in question. In fact it clearly appears that Mr. Cunningham, upon having his atten*456tion called to it, insisted that the…
2Cases cited3 opinions
- Bush v. MerrimanMichigan Supreme Court · 1891
- Burns v. CaskeyMichigan Supreme Court · 1894
- Kinyon v. CunninghamMichigan Supreme Court · 1906
3Cited by6 opinions
- Retan v. ClarkMichigan Supreme Court · 1922
- Emery v. ClarkMichigan Supreme Court · 1942
- Baas v. ZinkeMichigan Supreme Court · 1922
- Barryton State Savings Bank v. DurkeeMichigan Supreme Court · 1949
- Lahey v. Hackley Union National BankMichigan Supreme Court · 1935
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